Preview
CM-110
(ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
JANET L. BROWN; SBN #208602/ JESSICA M. GARCIA SBN #314298
ZWICKER & ASSOCIATES, P.C. — - ALaw Firm Engaged in Debt Collection
1320 WILLOW PASS ROAD, SUITE 730
CONCORD, CA 94520
TELEPHONE NO.: 9256897070
E-MAIL ADDRESS (Optiona): ZACNIitigation@zwickerpc.com
ATTORNEY FOR (Name): DISCOVER BANK
FAX NO. (Optional
FOR COURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco |
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aopress: 400 MCALLISTER ST, RM 103
maine aopress: 400 MCALLISTER ST, RM 103
07/27/2020
Clerk of the Court
BY: EDWARD SANTOS
| Address of court (if different from the address above):
(Notice of Intent to Appear by Telephone, by (name):
cirvano zip cove: SAN FRANCISCO, CA 94102 Deputy Clerk
prancu Name: MAIN COURTHOUSE
PLAINTIFF/PETITIONER: DISCOVER BANK
DEFENDANT/RESPONDENT: ANDREW T HERREN
CASE MANAGEMENT STATEMENT CASE NUMBER
CGC-19-581589
(Check one): [1 UNLIMITED CASE xX LIMITED CASE
(Amount demanded (Amount demanded is $25,000 |
exceeds $25,000) or less) |
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 8/19/20 Time: 10:30am. Dept: 610 Div.: Room:
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): DISCOVER BANK
b. (1) This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 12/17/19
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. X__ Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
vb. O The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. [J The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint O cross-complaint
(Describe, including causes of action):
This is a simple collection case. Defendant became indebted to Plaintiff on a credit account and has failed to
repay the Plaintiff on monies owed on said account and Defendant is, therefore, liable to Plaintiff on either or
both common counts.
Page 1 of 5
Form Adopted for Mandatory Use
Judical Council of California
(CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT
Cal. Rules of Court
rules 3.720-3.730
www courts ca.gov
American LegatNet. Ine. (3
sans Fems\torkFlow comCM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: DISCOVER B,
LL PeTimio ANK CGC-19-581589
DEFENDANT/RESPONDENT: ANDREW T HERREN
—__— _t
4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff agreed to open a credit account for the benefit and use of Defendant. Defendant failed to make
payments as agreed resulting in Defendant's breach. Plaintiff's damages are $6,623.43.
The parties reached an agreement. A notice of settlement will be filed. The Stipulation will be filed once signed
by all parties.
Oo (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request DC a jury trial a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [1 The trial has been set for (date):
b. I No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): Settlement pending
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
days (specify number):
3 BX _ hours (short causes) (specify): 1-2 hours
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption C1 bythe following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
J Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
(CM-140 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel & has [J hasnot provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party OD has CU has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) (1 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) C1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Page 2 of 5
American LegalNet, Inc.
ae FeCM-110
‘CASE NUMBER:
[_ PLAINTIFF/PETITIONER: DISCOVER BANK
IDEFENDANT/RESPONDENT: ANDREW T HERREN CGC-19-581589
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing | 'f the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR | indicate the status of the processes (attach a copy of the parties' ADR
processes (check ail that apply): | stipulation):
C1 Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
conference Agreed to complete settlement conference by (date) :
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
(1 ADR completed on (date):
Page 3 of 5
(CM-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENTCM-110
PLAINTIFF/PETITIONER: DISCOVER BANK : CASE NUMBER:
| DEFENDANT/RESPONDENT: ANDREW T HERREN CGC-19-581589
11. Insurance
a. [J _ Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes 01 No
c. [J _ Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
O Bankruptcy (] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. (J Amotionto [J consolidate [J coordinate will be filed by (name party):
14. Bifurcation
(The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Plaintiff reserves the right to file motions it deems appropriate, including discovery related motions, as
necessary.
16. Discovery
a. () The party or parties have completed all discovery.
b (J The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. [1] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
ee _
CM 10fRoe Jy 1.2013 CASE MANAGEMENT STATEMENT Page dots°
CM-14
PLAINTIFF/PETITIONER: DISCOVER BANK CASE NUMBER
DEFENDANT/RESPONDENT: ANDREW T HERREN CGC-19-581589
17. Economic litigation
a. X_ Thisisa limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [J This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
(The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. BQ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
1 am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: 07/27/20 Z
JANET L. BROWN >
CPE OR PRINT NAME) TORE OF PARTY OR ATTORNEY)
_ » ~
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
Rew luly 1. 2011] CASE MANAGEMENT STATEMENT Page SofSPROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA} ss.
Iam employed in the County of Contra Costa, State of California; am over the age of 18 years and not a party to the within entitled action; my
business address is 1320 Willow Pass Road, Suite 730, Concord, California 94520.
On 7 “2 750 , I served the foregoing document, described as PLAINTIFF’S CASE MANAGEMENT
STATEMENT on the interested parties to said action by the following means:
aXe
(By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on
that date following ordinary business practices, in the United States Mail at the offices of Zwicker & Associates, P.C.. at Concord, California,
addressed as shown below. [ am readily familiar with this business's practice for collection and processing of correspondence for mailing with the
USS. Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the same day it was
placed for collection and processing.
(By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at
Concord, California, addressed as shown below.
(By Hand Delivery) By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the addresses shown below.
(By Personal Service) _ By personally delivering a true copy thereof. enclosed in a sealed envelope, to the addresses shown below.
(By Overnight Delivery) By placing a true copy thereof. enclosed in a sealed envelope, with delivery charges prepaid, to be sent by
__"_. addressed as shown below.
(By Facsimile Transmission) _ By transmitting a true copy thereof by facsimile transmission from facsimile number (925) 689-7077, to
the interested parties to said action; the transmission was reported as complete and without error, and a copy of the transmission report, which was
properly issued by the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents were transmitted to
the interested parties as shown below at a.m./p.m.
I declare under penalty of perjury that the foregoing is true and correct, and that I am employed in the office of a member of the Bar of this Court at
whose direction the service was made.
Executed on 72 V2 oO , at Concord, Contra Costa County, California.
Janet
NAME AND ADDRESS OF EACH PERSON SERVED:
Tyneia Merritt, Esq.
42 Shepherd Center 2401 NW 23rd ST
Oklahoma City, OK 73107
Proof of Service
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CM-110 (ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JANET L. BROWN; SBN #208602/ JESSICA M. GARCIA SBN #314298 ZWICKER & ASSOCIATES, P.C. — - ALaw Firm Engaged in Debt Collection 1320 WILLOW PASS ROAD, SUITE 730 CONCORD, CA 94520 TELEPHONE NO.: 9256897070 E-MAIL ADDRESS (Optiona): ZACNIitigation@zwickerpc.com ATTORNEY FOR (Name): DISCOVER BANK FAX NO. (Optional FOR COURT USE ONLY ELECTRONICALLY FILED Superior Court of California, County of San Francisco | SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO street aopress: 400 MCALLISTER ST, RM 103 maine aopress: 400 MCALLISTER ST, RM 103 07/27/2020 Clerk of the Court BY: EDWARD SANTOS | Address of court (if different from the address above): (Notice of Intent to Appear by Telephone, by (name): cirvano zip cove: SAN FRANCISCO, CA 94102 Deputy Clerk prancu Name: MAIN COURTHOUSE PLAINTIFF/PETITIONER: DISCOVER BANK DEFENDANT/RESPONDENT: ANDREW T HERREN CASE MANAGEMENT STATEMENT CASE NUMBER CGC-19-581589 (Check one): [1 UNLIMITED CASE xX LIMITED CASE (Amount demanded (Amount demanded is $25,000 | exceeds $25,000) or less) | A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8/19/20 Time: 10:30am. Dept: 610 Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): DISCOVER BANK b. (1) This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 12/17/19 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. X__ Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. vb. O The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. [J The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint O cross-complaint (Describe, including causes of action): This is a simple collection case. Defendant became indebted to Plaintiff on a credit account and has failed to repay the Plaintiff on monies owed on said account and Defendant is, therefore, liable to Plaintiff on either or both common counts. Page 1 of 5 Form Adopted for Mandatory Use Judical Council of California (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Cal. Rules of Court rules 3.720-3.730 www courts ca.gov American LegatNet. Ine. (3 sans Fems\torkFlow comCM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DISCOVER B, LL PeTimio ANK CGC-19-581589 DEFENDANT/RESPONDENT: ANDREW T HERREN —__— _t 4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff agreed to open a credit account for the benefit and use of Defendant. Defendant failed to make payments as agreed resulting in Defendant's breach. Plaintiff's damages are $6,623.43. The parties reached an agreement. A notice of settlement will be filed. The Stipulation will be filed once signed by all parties. Oo (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request DC a jury trial a nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [1 The trial has been set for (date): b. I No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): Settlement pending c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): days (specify number): 3 BX _ hours (short causes) (specify): 1-2 hours 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption C1 bythe following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: J Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) (CM-140 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel & has [J hasnot provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party OD has CU has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) (1 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) C1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Page 2 of 5 American LegalNet, Inc. ae FeCM-110 ‘CASE NUMBER: [_ PLAINTIFF/PETITIONER: DISCOVER BANK IDEFENDANT/RESPONDENT: ANDREW T HERREN CGC-19-581589 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing | 'f the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR | indicate the status of the processes (attach a copy of the parties' ADR processes (check ail that apply): | stipulation): C1 Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): (1 ADR completed on (date): Page 3 of 5 (CM-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENTCM-110 PLAINTIFF/PETITIONER: DISCOVER BANK : CASE NUMBER: | DEFENDANT/RESPONDENT: ANDREW T HERREN CGC-19-581589 11. Insurance a. [J _ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes 01 No c. [J _ Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. O Bankruptcy (] Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. (J Amotionto [J consolidate [J coordinate will be filed by (name party): 14. Bifurcation (The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff reserves the right to file motions it deems appropriate, including discovery related motions, as necessary. 16. Discovery a. () The party or parties have completed all discovery. b (J The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date c. [1] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ee _ CM 10fRoe Jy 1.2013 CASE MANAGEMENT STATEMENT Page dots° CM-14 PLAINTIFF/PETITIONER: DISCOVER BANK CASE NUMBER DEFENDANT/RESPONDENT: ANDREW T HERREN CGC-19-581589 17. Economic litigation a. X_ Thisisa limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [J This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues (The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. BQ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 1 am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: 07/27/20 Z JANET L. BROWN > CPE OR PRINT NAME) TORE OF PARTY OR ATTORNEY) _ » ~ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. Rew luly 1. 2011] CASE MANAGEMENT STATEMENT Page SofSPROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA} ss. Iam employed in the County of Contra Costa, State of California; am over the age of 18 years and not a party to the within entitled action; my business address is 1320 Willow Pass Road, Suite 730, Concord, California 94520. On 7 “2 750 , I served the foregoing document, described as PLAINTIFF’S CASE MANAGEMENT STATEMENT on the interested parties to said action by the following means: aXe (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at the offices of Zwicker & Associates, P.C.. at Concord, California, addressed as shown below. [ am readily familiar with this business's practice for collection and processing of correspondence for mailing with the USS. Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Concord, California, addressed as shown below. (By Hand Delivery) By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the addresses shown below. (By Personal Service) _ By personally delivering a true copy thereof. enclosed in a sealed envelope, to the addresses shown below. (By Overnight Delivery) By placing a true copy thereof. enclosed in a sealed envelope, with delivery charges prepaid, to be sent by __"_. addressed as shown below. (By Facsimile Transmission) _ By transmitting a true copy thereof by facsimile transmission from facsimile number (925) 689-7077, to the interested parties to said action; the transmission was reported as complete and without error, and a copy of the transmission report, which was properly issued by the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents were transmitted to the interested parties as shown below at a.m./p.m. I declare under penalty of perjury that the foregoing is true and correct, and that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. Executed on 72 V2 oO , at Concord, Contra Costa County, California. Janet NAME AND ADDRESS OF EACH PERSON SERVED: Tyneia Merritt, Esq. 42 Shepherd Center 2401 NW 23rd ST Oklahoma City, OK 73107 Proof of Service